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HEALTH AND OTHER SERVICES (COMPENSATION) BILL 1994
HEALTH AND OTHER SERVICES (COMPENSATION) CARE CHARGES BILL 1994
HEALTH AND OTHER SERVICES (COMPENSATION) (CONSEQUENTIAL AMENDMENTS) BILL
1994

Order of the day read for the further consideration of the bills in

committee of the whole.

In the committee

HEALTH AND OTHER SERVICES (COMPENSATION) BILL 1994--

Consideration resumed of the bill as amended.

On the motion of the Minister for Family Services (Senator Crowley) the

following amendments, taken together by leave, were agreed to:

Clause 10, page 10, subclause (1), line 20, omit "subsection (2)",

substitute "subsections (2), (2A), (5) and (8)".

Clause 10, page 10, subclause (2), line 30, omit "If:", substitute

"Subject to subsection (2A), if:".

Clause 10, page 10, after subclause (2) insert the following subclause:

"(2A) If:

(a) the amount of compensation is fixed by a judgment that specifies

an amount (the "past nursing home care component'), being a

portion of the amount of compensation, to be a component for the

nursing home care expenses already incurred relating to the

injury; and

(b) the amount that, apart from this subsection, would be payable to

the Commonwealth under this section exceeds the past nursing

home care component;

the amount payable under subsection (1) is taken to be the past nursing

home care component.".

Clause 10, page 11, at end of clause, after note add the following

subclauses:

"(5) Subject to subsections (6) and (7) and section 32E, this section

does not apply if:

(a) the notifiable person in relation to the claim for compensation

concerned has entered into a bulk payment agreement with the

Commission; and

(b) the notifiable person has complied with all the conditions of

the bulk payment agreement; and

(c) the judgment or settlement is made during the period of the bulk

payment agreement; and

(d) the judgment or settlement determines all the outstanding

liability of the compensation payer in relation to the claim.

"(6) Subsection (5) does not apply in relation to a judgment or

settlement of a kind referred to in that subsection if:

(a) the judgment or settlement was made during the period of the

bulk payment agreement; and

(b) at the time the judgment or settlement was made, it purported to

determine all the outstanding liability of the compensation

payer in relation to the claim; and

(c) another judgment or settlement in respect of the claim is made

after the end of the period of the bulk payment agreement.

"(7) Subsection (5) does not affect the validity of a payment of money

pursuant to a notice under section 24 if the payment occurred before

the judgment or settlement referred to in that subsection was made.

"(8) This section does not apply if:

(a) the judgment or settlement has been made before a notice under

section 11 or 12 in relation to the claim for compensation

concerned would, apart from section 32F, have been required to

be given to the Commission;and

(b) the amount of compensation fixed by the judgment or settlement

is a small amount; and

(c) the amount of compensation so fixed is the entire amount of

compensation for the injury to which the claim relates.

Note: For "small amount' see section 32F.".

Bill, as amended, further debated.

On the motion of Senator Crowley the following amendments, taken

together by leave, were agreed to:

Part 3, page 11, Division 1, after heading insert the following note:

"Note: The obligations under this Division will not apply in

circumstances covered by Division 3.".

Clause 12, page 13, subclause (1), line 7, omit "subsections (2), (7)

and (8)", substitute "subsections (2), (7), (8) and (8A)".

Clause 12, page 14, after subclause (8) insert the following subclauses:

"(8A) Subject to subsection (8B), this section does not require notice

of a claim to be given to the Commission if:

(a) the claim was made more than 5 years before the commencement of

this Act; and

(b) the claimant did not take active steps to pursue the claim

during the 5 years prior to that commencement; and

(c) the claimant does not take active steps to pursue the claim

during the 12 months after that commencement.

"(8B) Despite subsection (8A), if:

(a) apart from that subsection, a person would have been obliged

under this section to give notice of a claim; and

(b) after the 12 months following the commencement of this Act, the

claimant notifies the person of his or her intention to pursue

the claim;

the person must give to the Commission notice of the claim within 28

days after the notification.".

Clause 15, page 15, lines 27 to 31, omit the clause.

After clause 16, page 16, insert the following clause:

Notice that claim is unlikely to become active again

"16A. The notifiable person may notify the Commission in writing if

the notifiable person is satisfied that there has been no activity in

relation to the claim for such a long period that the claim is

unlikely to become active again.".

On the motion of Senator Crowley the following amendment was agreed to:

Clause 18, page 17, subclause (3), lines 1 to 3, omit the subclause,

substitute the following subclauses:

"(3) Subject to subsection (3A) and section 20, the Managing Director

may, by notice in writing, grant the claimant one or more extensions

of the period.

"(3A) The period cannot be extended if:

(a) the notice in question under subsection 17(1) was given in

relation to a claim for compensation in respect of which a

judgment or settlement had already been made; and

(b) the Managing Director had not given a notice under section 21,

in respect of the claim for compensation, during the 3 months

preceding the judgment or settlement.".

On the motion of Senator Crowley the following amendment was debated and

agreed to:

Clause 21, page 18, after subclause (4) insert the following subclauses:

"(4A) Without limiting the matters that the notice may include, it may

include a statement to the effect that, if a judgment or settlement is

made in respect of the claim within 3 months after the notice was

given, the notice is taken to be a notice of charge under section 24,

given by the Managing Director on the day on which the judgment or

settlement is made.

"(4B) If a notice contains a statement of a kind referred to in

subsection (4A), it must also contain a statement to the effect that,

subject to subsection (4C), if:

(a) the notice is taken to be a notice of charge under section 24;

and

(b) the judgment or settlement fixes the amount of compensation on

the basis that liability for the injury should be apportioned

between the compensable person and the compensation payer; and

(c) as a result, the amount of compensation is less than it would

have been if liability had not been so apportioned;

the amount specified in the notice as payable to the Commonwealth is

reduced by the proportion corresponding to the proportion of liability

for the injury that is apportioned to the compensable person by the

judgment or settlement.

"(4C) If a notice contains a statement of a kind referred to in

subsection (4A), it must also contain a statement to the effect that,

if:

(a) the notice is taken to be a notice of charge under section 24;

and

(b) the amount of compensation is fixed by a judgment that specifies

an amount (the "past expenses component'), being a portion of

the amount of compensation, to be a component for either or both

of the following:

(i) the medical expenses already incurred relating to the

injury;

(ii) the expenses in respect of nursing home care already

incurred relating to the injury;

the past expenses component is taken to be the amount specified in the

notice as payable to the Commonwealth.

"(4D) Without limiting the matters that the notice may include, it may

include a statement to the effect that if a reimbursement arrangement

is made in respect of the claim, the notice is taken to be a notice of

charge under section 25, given by the Managing Director on:

(a) if the reimbursement arrangement was made before the Managing

Director gives the notice to the notifiable person--the day on

which the Managing Director gives the notice to the notifiable

person; or

(b) in any other case--the day on which the reimbursement

arrangement is made.".

On the motion of Senator Crowley the following amendments, taken

together by leave, were debated and agreed to:

Clause 22, page 19, subclause (1), lines 11 to 15, omit the subclause,

substitute the following subclause:

"22.(1) The notifiable person must not make a settlement in respect of

the claim for compensation unless:

(a) the notifiable person has informed the compensable person that

the compensable person may be liable to pay amounts under this

Act or the Charges Act as a result of the settlement being made;

or

(b) the Managing Director has, within the 3 months prior to the

settlement, given to the notifiable person a notice under

section 21 in respect of the claim.".

Clause 23, page 19, after paragraph (3)(c) insert the following word and

paragraph:

"; and (ca) the names of all the parties to the settlement, or the

names of all the parties to which the judgment relates,

as the case requires; and".

Clause 23, page 20, paragraph (3)(g), line 4, omit "determined in

writing by the Minister", substitute "prescribed by the regulations made

for the purposes of this subsection".

On the motion of Senator Crowley the following amendment was agreed to:

Clause 23, page 20, subclause (4), lines 5 and 6, omit the subclause,

substitute the following subclauses:

"(4) If:

(a) the judgment or settlement fixes the amount of compensation on

the basis that liability for the injury should be apportioned

between the compensable person and the compensation payer; and

(b) as a result, the amount of compensation is less than it would

have been if liability had not been so apportioned;

the notice given to the Commission under subsection (1) must also state

by how much, expressed as a percentage, the amount of compensation has

been reduced as a result of the apportionment.

"(4A) If the amount of compensation is fixed by a judgment that

specifies an amount (the "past expenses component'), being a portion

of the amount of compensation, to be a component for either or both of

the following:

(a) the medical expenses already incurred relating to the injury;

(b) the expenses in respect of nursing home care already incurred

relating to the injury;

the notice given to the Commission under subsection (1) must state the

past expenses component and (if applicable) the proportion of the past

expenses component applicable to expenses of a kind referred to in

paragraphs (a) and (b) respectively.

"(4B) The notice must be signed by the notifiable person and the

compensable person.".

On the motion of Senator Crowley the following amendments, taken

together by leave, were debated and agreed to:

Clause 23, page 20, paragraph (5)(b), line 12, omit "future medical care

needs", substitute "future medical care or nursing home care needs".

Clause 23, page 20, at end of subclause (5), add the following word and

paragraph:

"; and (c) inclusion of any amount fixed by a judgment or settlement

in respect of expenses for past medical care or nursing

home care needs relating to the injury is prohibited by

law.".

Clause 23, page 20, subclause (6), lines 14 and 15, omit the subclause.

Clause 24, page 21, at end of clause, add the following subclauses:

"(6) A notice under section 21 is taken also to be a notice under this

section given by the Managing Director to the insurer or

compensationpayer (as the case requires) on the day on which the

judgment or settlement is made if:

(a) the notice under section 21 includes statements of the kinds

referred to in subsections 21(4A), (4B) and (4C); and

(b) the judgment or settlement is made within 3 months after the

notice was given.

"(7) Subject to subsections (8) and (9), if subsection (6) applies to

a notice, the amount specified in the notice pursuant to paragraph

21(2)(b) is taken to be the amount set out for the purpose of

subsection (2) of this section.

"(8) Despite subsection (7), if:

(a) subsection (6) applies to a notice; and

(b) the judgment or settlement fixes the amount of compensation on

the basis that liability for the injury should be apportioned

between the compensable person and the compensation payer; and

(c) as a result, the amount of compensation is less than it would

have been if liability had not been so apportioned; and

(d) subsection (9) does not apply;

the amount specified in the notice pursuant to paragraph 21(2)(b),

reduced by the proportion corresponding to the proportion of liability

for the injury that is apportioned to the compensable person by the

judgment or settlement, is taken to be the amount set out for the

purpose of subsection (2).

"(9) Despite subsection (7), if:

(a) subsection (6) applies to a notice; and

(b) the amount of compensation is fixed by a judgment that specifies

an amount (the "past expenses component'), being a portion of

the amount of compensation, to be a component for either or both

of the following:

(i) the medical expenses already incurred relating to the

injury;

(ii) the expenses in respect of nursing home care already

incurred relating to the injury;

the past expenses component is taken to be the amount set out for the

purpose of subsection (2).".

Clause 25, page 21, at end of clause, add the following subclauses:

"(7) A notice under section 21 is taken also to be a notice under this

section given by the Managing Director to the insurer or

compensationpayer (as the case requires), on a day worked out in

accordance with subsection (8), if:

(a) the notice under section 21 includes a statement of a kind

referred to in subsection 21(4D); and

(b) a reimbursement arrangement has been made in relation to the

claim.

"(8) If subsection (7) applies, the notice is taken to have been given

by the Managing Director on:

(a) if the reimbursement arrangement was made before the Managing

Director gives the notice to the notifiable person--the day on

which the Managing Director gives the notice to the notifiable

person; or

(b) in any other case--the day on which the reimbursement

arrangement is made.".

Clause 26, page 22, subclause (1), line 3, omit ", 15".

Clause 26, page 22, subclause (2), line 7, omit ", 15".

Clause 26, page 22, at end of clause, after note add the following

subclauses:

"(3) For the purposes of subsection (1), a person is not taken to have

reasonable excuse for refusing or failing to comply with a requirement

of section 11, 12, 13, 16 or 23 to give a notice to the Commission

only because:

(a) the information required to be contained in the notice is, or

could be, subject to a claim of privilege that would prevent the

information being given in evidence in proceedings before a

court or tribunal; or

(b) the person is under a contractual obligation that prevents the

person giving the information required to be contained in the

notice; or

(c) an order of a court or tribunal prevents the person giving the

information required to be contained in the notice; or

(d) an Australian law prevents the person giving the information

required to be contained in the notice.

"(4) Without limiting subsection (3), a person is not excused from

giving a notice under section 11, 12, 13, 16 or 23 on the ground that

the information required to be contained in the notice may tend to

incriminate the person.

"(5) In any criminal proceeding:

(a) evidence of any information given under section 11, 12, 13, 16

or 23; and

(b) evidence of any information, document or thing obtained as a

direct or indirect result of the person having given the

information;

cannot be used against the person. However, this subsection does not

apply to a proceeding for an offence against subsection (1) or (2) of

this section.

"(6) If:

(a) a person gives a notice to the Commission under section 11, 12,

13, 16 or 23; and

(b) in so doing, the person would, apart from this section,

contravene an Australian law;

the person is taken not to have contravened that law by giving the

notice.".

Part 3, page 22, Division 2, after heading insert the following note:

"Note: The obligations under this Division will not apply in

circumstances covered by Division 3.".

At end of Part 3, page 26, add the following clause:

Interest not payable on amount withheld

"32A. If:

(a) a judgment or settlement has been made in respect of an amount

of compensation; and

(b) a compensation payer or insurer has paid to the compensable

person a part of the compensation, but withheld an amount

referred to in paragraph 32(1)(b); and

(c) an Australian law would, apart from this section, make the

compensation payer or insurer liable to pay interest on the sum

withheld, because the sum is withheld after the judgment or

settlement has been made;

despite that law, the compensation payer or insurer is not liable to pay

that interest.".

On the motion of Senator Crowley the following amendment was debated and

agreed to:

At end of Part 3, page 26, add the following Division:

"Division 3--Waiver of the requirements of this Part

Bulk payment agreements

"32B.(1) The Commission may, on behalf of the Commonwealth, at any

time after 18 months following the commencement of this Act, enter

into an agreement with a person that contains provisions to the effect

that:

(a) the person will pay the Commonwealth a specified amount; and

(b) the person will:

(i) give the Commission information of a kind specified in a

determination made by the Managing Director under subsection

(2); and

(ii) give the information in a way specified in the

determination; and

(c) if the person is or becomes a notifiable person in relation to a

claim for compensation:

(i) the person will be, to the extent provided for in sections

32C, 32D and 32E, exempt from Divisions 1 and 2 in relation

to the claim; and

(ii) the compensable person concerned will be, to the extent

provided for in subsections 8(6), (7) and (8), exempt from

section 8 in respect of the injury to which the claim

relates; and

(iii) the compensable person concerned will be, to the extent

provided for in subsections 10(5), (6) and (7), exempt

from section 10 in respect of the injury to which the

claim relates; and

(iv) the compensable person concerned will be, to the extent

provided for in subsections 6(6), (7) and (8) of the

Charges Act, exempt from section 6 of that Act in respect

of the injury to which the claim relates; and

(v) the compensable person concerned will be, to the extent

provided for in subsections 8(5), (6) and (7) of the Charges

Act, exempt from section 8 of that Act in respect of the

injury to which the claim relates.

"(2) The Managing Director may determine in writing:

(a) the kinds of information that must be given; and

(b) the way in which such information must be given;

for the purposes of provisions of a kind referred to in paragraph

(1)(b).

"(3) Without limiting subsection (2), the determination may require

the giving of information about settlements, judgments and

reimbursementarrangements in relation to injuries that occur within

the period to which the contract is expressed to apply, including:

(a) in the case of a settlement--the full names of all the parties

to the settlement; and

(b) in the case of a judgment or reimbursement arrangement--the full

names of all the parties to whom the judgment or reimbursement

arrangement relates; and

(c) the date of the settlement, judgment or reimbursement

arrangement; and

(d) in the case of a judgment or settlement--the amount of

compensation to be paid under the judgment or settlement.

"(4) Determinations under subsection (2) are disallowable instruments

for the purposes of section 46A of the Acts Interpretation Act 1901.

Waiver--bulk payment agreements

"32C.(1) Subject to this section and section 32E, during the period of

a bulk payment agreement, Divisions 1 and 2 do not apply in relation

to a claim if:

(a) the notifiable person in relation to the claim has entered into

the bulk payment agreement with the Commission; and

(b) the notifiable person has complied with all the conditions of

the bulk payment agreement.

"(2) This section does not affect the operation of Divisions 1 and 2

in relation to a judgment or settlement that has been made, in respect

of the claim, prior to the start of the period of the bulk payment

agreement.

"(3) This section does not affect the operation of Divisions 1 and 2

(other than sections 11 and 12) in relation to a reimbursement

arrangement that has been made in respect of the claim.

"(4) Subject to section 32D, a notice of claim under section 11 or 12,

or a notice of discontinuance under section 16 must be given under

those sections if:

(a) the claim is made or discontinued during the period of the bulk

payment agreement; and

(b) the period within which the claim must be notified under section

11 or 12, or the discontinuance must be notified under section

16, extends beyond the period of the bulk payment agreement.

Extended waiver--settlements during periods of bulk payment agreements

"32D.(1) Subject to this section and section 32E, Divisions 1 and 2 do

not apply in relation to a claim for compensation if:

(a) the notifiable person in relation to the claim has entered into

a bulk payment agreement with the Commission; and

(b) the notifiable person has complied with all the conditions of

the bulk payment agreement; and

(c) a judgment or settlement is made in respect of the claim during

the period of the bulk payment agreement; and

(d) the judgment or settlement determines all the outstanding

liability of the compensation payer in relation to the claim.

"(2) For the avoidance of doubt, subsection (1) applies in relation to

a claim even if a reimbursement arrangement in respect of the claim

has been made before, during or after the period of the bulk payment

agreement.

"(3) For the avoidance of doubt, subsection (1) applies in relation to

a judgment or settlement even if:

(a) the judgment or settlement was made before the start of the

period of the bulk payment agreement; and

(b) the judgment or settlement did not determine all the outstanding

liability of the compensation payer in relation to the claim;

and

(c) during the period of the bulk payment agreement, a further

judgment or settlement is made of a kind referred to in

subsection (1).

"(4) This section does not affect the operation of Divisions 1 and 2

in relation to a judgment or settlement of a kind referred to in

subsection (1) if:

(a) the judgment or settlement was made during the period of the

bulk payment agreement; and

(b) at the time the judgment or settlement was made, it purported to

determine all the outstanding liability of the compensation

payer in relation to the claim; and

(c) another judgment or settlement in respect of the claim is made

after the end of the period of the bulk payment agreement.

"(5) This section does not affect the validity of a payment of money

pursuant to a notice under section 24 or 25 if the payment occurred

before the judgment or settlement referred to in subsection (1) was

made.

Limits of waiver--bulk payment agreements

"32E.(1) This section has effect despite:

(a) subsections 8(6), 8(7), 8(8), 10(5), 10(6) and 10(7); and

(b) sections 32C and 32D; and

(c) subsections 6(6), 6(7), 6(8), 8(5), 8(6) and 8(7) of the Charges

Act;

(the "exempting provisions').

"(2) The exempting provisions do not affect the operation of a

provision of Division 1 or 2 that creates an offence, if that

provision was breached before the start of the period of the bulk

payment agreement concerned.

"(3) The exempting provisions do not affect the operation of a

provision of Division 1 or 2 imposing an obligation to do something

within a certain time limit, if:

(a) the time limit expired before the start of the period of the

bulk payment agreement concerned; and

(b) the thing was not done within that time limit.

Waiver--small amounts of compensation

"32F.(1) Despite Divisions 1 and 2, those Divisions do not apply in

relation to a claim for compensation in respect of an injury if:

(a) a judgment or settlement has been made in respect of the claim

before a notice under section 11 or 12 would, but for this

section, have been required to be given to the Commission; and

(b) the amount of compensation fixed by the judgment or settlement

is a small amount; and

(c) the amount of compensation so fixed is the entire amount of

compensation in respect of the injury.

"(2) An amount of compensation is a small amount if it is less than

the amount prescribed for the purposes of this subsection by the

regulations.".

On the motion of Senator Crowley the following amendments, taken

together by leave, were agreed to:

Clause 38, page 29, subclause (3), lines 14 to 22, omit the subclause.

Clause 38, page 29, subclause (4), line 23, omit "Without limiting

subsection (3), a person", substitute "A person".

On the motion of Senator Herron the following amendments, taken together

by leave, were debated and agreed to:

Clause 3, page 2, subclause (1), definition of "administration fee",

lines 9 and 10, omit the definition.

Clause 3, page 2, subclause (1), definition of "Administration Fee Act",

lines 11 and 12, omit the definition.

Clause 14, page 15, subclause (1), lines 18 and 19, omit ", the Charges

Act or the Administration Fee Act", substitute "or the Charges Act".

Clause 21, page 18, subclause (4), line 26, omit ", or under the

Administration Fee Act".

Clause 24, page 20, subclause (1), line 25, omit ", and under the

Administration Fee Act".

Clause 24, page 20, subclause (2), lines 26 to 32, omit the subclause,

substitute the following subclause:

"(2) The notice must also specify, in relation to each kind of

eligible benefit that the Commonwealth has paid in respect of any

service or care rendered or provided in the course of treatment of, or

as a result of, the claimant's injury, the sum of the amounts (if any)

that will be payable to the Commonwealth under this Act or the Charges

Act.".

Clause 25, page 21, subclause (1), line 14, omit ", and under the

Administration Fee Act".

Clause 25, page 21, subclause (2), lines 15 to 21, omit the subclause,

substitute the following subclause:

"(2) The notice must also specify, in relation to each kind of

eligible benefit that the Commonwealth has paid in respect of any

service or care rendered or provided in the course of treatment of, or

as a result of, the claimant's injury, the sum of the amounts (if any)

that will be payable to the Commonwealth under this Act or the Charges

Act.".

Clause 29, page 23, subclause (1), lines 14 and 15, omit ", or under the

Administration Fee Act".

Clause 30, page 24, subclause (3), lines 22 to 24, omit the subclause.

Clause 31, page 24, subclause (1), lines 27 and 28, omit "(other than an

amount payable under the Administration Fee Act)".

Clause 31, page 24, subclause (2), lines 36 and 37, omit "(other than an

amount payable under the Administration Fee Act)".

Clause 36, page 27, paragraph (1)(d), lines 28 and 29, omit ", or under

the Administration Fee Act".

Bill, as amended, agreed to.

HEALTH AND OTHER SERVICES (COMPENSATION) CARE CHARGES BILL 1994--

Bill taken as a whole by leave.

On the motion of Senator Crowley the following requests for amendments,

taken together by leave, were agreed to:

That the House of Representatives be requested to make the following

amendments:

Clause 6, page 3, subclause (1), line 9, omit "subsections (2) and (3)",

substitute "subsections (2), (3), (6) and (9)".

Clause 6, page 4, at end of clause, after note add the following

subclauses:

"(6) Subject to subsections (7) and (8), and section 32E of the Health

and Other Services (Compensation) Act 1995, this section does not

apply if:

(a) the notifiable person in relation to the claim for compensation

concerned has entered into a bulk payment agreement with the

Commission; and

(b) the notifiable person has complied with all the conditions of

the bulk payment agreement; and

(c) the judgment or settlement is made during the period of the bulk

payment agreement; and

(d) the judgment or settlement determines all the outstanding

liability of the compensation payer in relation to the claim.

"(7) Subsection (6) does not apply in relation to a judgment or

settlement of a kind referred to in that subsection if:

(a) the judgment or settlement was made during the period of the

bulk payment agreement; and

(b) at the time the judgment or settlement was made, it purported to

determine all the outstanding liability of the compensation

payer in relation to the claim; and

(c) another judgment or settlement in respect of the claim is made

after the end of the period of the bulk payment agreement.

"(8) Subsection (6) does not affect the validity of a payment of money

pursuant to a notice under section 24 of the Health and Other Services

(Compensation) Act 1995 if the payment occurred before the judgment or

settlement referred to in that subsection was made.

"(9) This section does not apply if:

(a) the judgment or settlement has been made before a notice under

section 11 or 12 of the Health and Other Services (Compensation)

Act 1995 in relation to the claim for compensation concerned

would, apart from section 32F of that Act, have been required to

be given to the Commission; and

(b) the amount of compensation fixed by the judgment or settlement

is a small amount; and

(c) the amount of compensation so fixed is the entire amount of

compensation for the injury to which the claim relates.

Note: For "small amount' see section 32F of the Health and Other

Services (Compensation) Act 1995.".

Clause 8, page 4, subclause (1), line 33, omit "subsection (2)",

substitute "subsections (2), (2A), (5) and (8)".

Clause 8, page 5, subclause (2), line 5, omit "If:", substitute "Subject

to subsection (2A), if:".

Clause 8, page 5, after subclause (2) insert the following subclause:

"(2A) If:

(a) the amount of compensation is fixed by a judgment that specifies

an amount (the "past nursing home care component'), being a

portion of the amount of compensation, to be a component for the

nursing home care expenses already incurred relating to the

injury; and

(b) the amount that, apart from this subsection, would be payable to

the Commonwealth under this section exceeds the past nursing

home care component;

the amount payable under subsection (1) is taken to be the past nursing

home care component.".

Clause 8, page 5, at end of clause, after note add the following

subclauses:

"(5) Subject to subsections (6) and (7), and section 32E of the Health

and Other Services (Compensation) Act 1995, this section does not

apply if:

(a) the notifiable person in relation to the claim for compensation

concerned has entered into a bulk payment agreement with the

Commission; and

(b) the notifiable person has complied with all the conditions of

the bulk payment agreement; and

(c) the judgment or settlement is made during the period of the bulk

payment agreement; and

(d) the judgment or settlement determines all the outstanding

liability of the compensation payer in relation to the claim.

"(6) Subsection (5) does not apply in relation to a judgment or

settlement of a kind referred to in that subsection if:

(a) the judgment or settlement was made during the period of the

bulk payment agreement; and

(b) at the time the judgment or settlement was made, it purported to

determine all the outstanding liability of the compensation

payer in relation to the claim; and

(c) another judgment or settlement in respect of the claim is made

after the end of the period of the bulk payment agreement.

"(7) Subsection (5) does not affect the validity of a payment of money

pursuant to a notice under section 24 of the Health and Other Services

(Compensation) Act 1995 if the payment occurred before the judgment or

settlement referred to in that subsection was made.

"(8) This section does not apply if:

(a) the judgment or settlement has been made before a notice under

section 11 or 12 of the Health and Other Services (Compensation)

Act 1995 in relation to the claim for compensation concerned

would, apart from section 32F of that Act, have been required to

be given to the Commission; and

(b) the amount of compensation fixed by the judgment or settlement

is a small amount; and

(c) the amount of compensation so fixed is the entire amount of

compensation for the injury to which the claim relates.

Note: For "small amount' see section 32F of the Health and Other

Services (Compensation) Act 1995.".

Bill agreed to, subject to requests for amendments.

HEALTH AND OTHER SERVICES (COMPENSATION) (CONSEQUENTIAL AMENDMENTS) BILL

1994--

Bill taken as a whole by leave.

On the motion of Senator Crowley the following amendment was agreed to:

Schedule, page 3, after item 2 insert the following item:

"2A. Subsection 130(25) (definition of "officer'):

Omit "under, or in relation to, this Act', substitute ", under or in

relation to this Act or the Health Insurance Commission Act 1973'.".

Bill, as amended, agreed to.

The Health and Other Services (Compensation) Bill 1994 and the Health

and Other Services (Compensation) (Consequential Amendments) Bill 1994

to be reported with amendments and the Health and Other Services

(Compensation) Care Charges Bill 1994 to be reported with requests for

amendments.

The Acting Deputy President (Senator Teague) resumed the Chair and the

Chairman of Committees (Senator Reid) reported accordingly.

On the motion of Senator Crowley the report from the committee was

adopted.

Senator Crowley moved--That the Health and Other Services

(Compensation)Bill 1994 and the Health and Other Services (Compensation)

(Consequential Amendments) Bill 1994 be now read a third time.

Debate ensued.

Question put and passed.

Bills read a third time.